Rights Cumulative. The rights under this Agreement, or by law or equity, shall be cumulative and may be exercised at any time and from time to time. No failure by any party to exercise, and no delay in exercising, any rights shall be construed or deemed to be a waiver thereof, nor shall any single or partial exercise by any party preclude any other or future exercise thereof or the exercise of any other right.
Cumulative Rights All agreements, warranties, guaranties, indemnities and other undertakings of Borrowers under the Loan Documents are cumulative and not in derogation of each other The rights and remedies of Agent and Lenders are cumulative, may be exercised at any time and from time to time, concurrently or in any order, and are not exclusive of any other rights or remedies available by agreement, by law, at equity or otherwise All such rights and remedies shall continue in full force and effect until Full Payment of all Obligations
Cumulative Rights. The rights and remedies of [[Organization C:Organization]] under this Agreement and any other Warehouse Document shall be cumulative, and shall be in addition to any rights and remedies of [[Organization C:Organization]] at law or in equity.
Cumulative Rights. The rights and remedies of a party under this Deed do not exclude any other right or remedy provided by law.
Rights and Remedies Cumulative. The rights and remedies of Trustee and Beneficiary under this Deed of Trust are cumulative and are not in lieu of, but are in addition to any other rights or remedies which Trustee or Beneficiary shall have under this Deed of Trust, the other Credit Documents, or at law or in equity. No course of dealing between Trustor, on the one hand, and Trustee or Beneficiary, on the other hand, or any failure or delay on the part of Trustee or Beneficiary in exercising any rights or remedies hereunder shall operate as a waiver of any rights or remedies of Trustee or Beneficiary and no single or partial exercise of any rights or remedies hereunder shall operate as a waiver or preclude the exercise of any other rights or remedies hereunder by Trustee or Beneficiary. In the event of any inconsistency among the provisions of this Deed of Trust and any other Credit Document, the provisions selected by Beneficiary in its sole and reasonable discretion shall control.
Rights and Remedies Cumulative. No delay or omission by the Lender in exercising any right or remedy herein shall operate as a waiver of the future exercise of that right or remedy or of any other rights or remedies herein. All rights of the Lender stated herein are cumulative and in addition to all other rights provided by law.
Rights and Remedies Cumulative. Any right or remedy afforded to either Party under any provision of this Agreement on account of any breach or default by the other Party is in addition to, and not in lieu of, any and all other rights and remedies afforded to such Party under any other provision of this Agreement, by law or otherwise on account of such breach or default.
Rights and Remedies Cumulative. All rights and remedies of Landlord set forth in this Lease are cumulative and in addition to all other rights and remedies available to Landlord at law or in equity, including those available as a result of any anticipatory breach of this Lease (including, without limitation, the right of injunction and the right to invoke any remedy allowed at law or in equity as if reentry, summary proceedings and other remedies were not provided for herein), provided, however, that in no event shall Landlord be entitled to recover the same damage on only one occasion and shall not be entitled to damages hereunder which are duplicative. The exercise by Landlord of any such right or remedy shall not prevent the concurrent or subsequent exercise of any other right or remedy. No delay or failure by Landlord or Tenant to exercise or enforce any of its respective rights or remedies or the other partys obligations (except to the extent a time period is specified in this Lease therefor) shall constitute a waiver of any such or subsequent rights, remedies or obligations. Neither party shall be deemed to have waived any default by the other party unless such waiver expressly is set forth in a written instrument signed by the party against whom such waiver is asserted. If Landlord or Tenant waives in writing any default by the other, such waiver shall not be construed as a waiver of any covenant, condition or agreement set forth in this Lease except as to the specific circumstances described in such written waiver.
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other rights. Except as otherwise provided hereunder, all rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Section # Independent Rights. All of Lessor’s rights and remedies under the Documents and this Guaranty are intended to be distinct, separate and cumulative and no such right and remedy is intended to be in exclusion of or a waiver of any of the others.
Section # No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.
Cumulative Nature and Non-Exclusive Exercise of Rights and Remedies. All rights and remedies of the pursuant to this Agreement and the Transaction Documents shall be cumulative, and no such right or remedy shall be exclusive of any other such right or remedy. In the event of any unreconcilable inconsistencies, this Agreement shall control. No single or partial exercise by the of any right or remedy pursuant to this Agreement or otherwise shall preclude any other or further exercise thereof, or any exercise of any other such right or remedy, by the .
At the end of the Payment Criteria Period, the Cumulative Net Income is calculated and compared to the Target Cumulative Net Income to determine the Payout Percentage. The minimum payout threshold is established at 85% of the Target Cumulative Net Income and the maximum payout threshold is established at 115% of the Target Cumulative Net Income. If performance is within this band, the appropriate percentage is determined and used to calculate the percentage of Units payable in respect of the Cumulative Net Income metric (such percentage being between 50% and 150%) calculated using linear interpolation. The threshold payout of 50% occurs if the Cumulative Net Income is 85% of the Target Cumulative Net Income and no payout occurs if the Cumulative Net Income is less than 85% of the Target Cumulative Net Income. The maximum payout of 150% for the Cumulative Net Income metric is awarded when the Cumulative Net Income is 115% or more of the Target Cumulative Net Income.
Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulative. The rights of each of the parties hereunder shall not be capable of being waived or varied other than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.
The Committee shall have authority to grant Options exercisable in full at any time during their Term or exercisable in cumulative or non-cumulative installments.
Section # Remedies Are Cumulative. No remedy conferred upon or reserved to Lender in the LOC Documents shall be exclusive of any other remedy provided in the LOC Documents or by law or in equity, but each shall be cumulative and shall be in addition to every other remedy given Lender, under any of the LOC Documents or now or hereafter existing at law or in equity or by statute. Lender, at its sole option and without limiting or affecting any rights and remedies hereunder, may exercise any of the rights and remedies to which it may be entitled under the LOC Documents concurrently or in such order as it may determine. The exercise of any rights of Lender shall not in any way constitute a cure or waiver of Event of Default or invalidate any act done pursuant to any notice of default, or prejudice Lender in the exercise of any of its other rights or elsewhere unless, in the exercise of said rights, Lender realizes all amounts owed to it hereunder and under the Promissory Note, and any other LOC Documents.
“Cumulative Credit” means, at any date, an amount, not less than zero in the aggregate, determined on a cumulative basis equal to the sum of (without duplication):
the aggregate amount of prepayments which are declined or waived by any Lender pursuant to Section 2.10(h); minus # the aggregate amount of # Investments made pursuant to [Section 6.04(q)] using the Cumulative Amount, # dividends made pursuant to [Section 6.07(c)] using the Cumulative Amount, # payments in respect of Junior Indebtedness made pursuant to [Section 6.09(a)(ii)] using the Cumulative Amount and # any other payment made hereunder using the Cumulative Amount, in each case during the period from and including the Business Day immediately following the Closing Date through and including the Reference Date (without taking account of the intended usage of the Cumulative Amount on such Reference Date).
AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.
And AllDrafts generates clean Word and PDF files from any draft.